Can you get a gun permit with a felony in NY?
Asked by: Prof. Courtney Blick | Last update: January 27, 2026Score: 4.5/5 (33 votes)
No, generally a convicted felon cannot get a pistol permit in New York, as state and federal laws prohibit them from possessing firearms; however, for certain non-violent, lower-level felony convictions, it might be possible to restore gun rights by obtaining a Certificate of Relief from Disabilities or Certificate of Good Conduct, but this often requires consulting a specialized attorney due to complex federal/state rules.
Can a felon get a gun permit in NY?
You will be disqualified for a firearms permit if you have a NYS felony or "serious offense" conviction as defined below. It is advised you disclose your convictions from any jurisdiction as accurately as possible. Convictions from out- of-state may require additional evaluation.
Can a felon get his gun rights back in NY?
For those with more than one conviction, the court may restore firearms rights two years after completion of sentence for most felonies, or after 10 years for a serious felony (such as murder or sexual assault). For a person convicted of a “dangerous felony” firearms rights may only be restored by pardon.
Do felonies go away after 7 years in New York?
For felony convictions, a person's dockets are eligible to be sealed eight years after sentencing or eight years after release from incarceration, whichever is later. To have dockets sealed, the person must not be on probation, post release supervision, or parole.
Will a felony show up on a background check after 10 years in NY?
Record Sealing Under CPL 160.59
Under Criminal Procedure Law § 160.59, eligible individuals can petition to have up to two criminal convictions (only one of which may be a felony) sealed after a 10-year waiting period.
New York Gun Laws WARNING: One Mistake = Felony
How to expunge a felony in NY?
You can ask the court to seal certain felony and misdemeanor convictions: If you have no more than 2 misdemeanors or no more than 1 felony and 1 misdemeanor conviction and have been crime-free for 10 years. Visit Sealed Records: After 10 years.
What states can a convicted felon own a gun?
Generally, a convicted felon cannot own a gun due to federal law, but some states offer paths to restoration, with Vermont being a major exception where there are no state-level restrictions, while others like North Carolina and Oregon have specific conditions, such as pardons or certain offenses, allowing potential rights restoration, but the federal ban typically remains unless rights are restored at the state level or through a pardon. Federal law bans possession for anyone convicted of a crime punishable by over a year in prison, but this prohibition can be lifted if the state where the felony occurred restores the individual's civil rights, often through a pardon or expungement, though many states have their own separate prohibitions.
Can two felons live in the same house?
If you have completed your sentence in full, nobody can restrict who you live with. Two felons can live together without any legal consequences.
Why can't felons own guns?
One is the civic virtue theory, which states that at the time of the Constitution's ratification, it was understood that those who did not possess civic virtue, those who were lawbreakers, were not included within the class of "the people" who would have been entitled to possess a gun.
What crimes cannot be expunged in NY?
In New York, you generally can't "expunge" (erase) most serious crimes; instead, the Clean Slate Act seals records, but it excludes sex offenses, violent felonies, Class A felonies (like murder), homicide felonies, crimes requiring sex offender registration, child sexual abuse material offenses, and attempts/conspiracies of these. Records for crimes that result in death or serious injury, or involve violent actions, are also ineligible for sealing.
Is it better to seal or expunge?
It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate.
How much does it cost for a felon to get their gun rights back?
Gun rights restoration services start as low as $750, depending on the state in which your record occurred. We understand that cost is an important factor in choosing an attorney and we strive to keep our prices fair to our clients.
Can a felon go to a gun range in NY?
CAN FELONS GO TO A GUN RANGE? Short answer: In most cases no, because federal law prohibits possession of firearms and ammunition by prohibited persons, including most felons. Handling a rental gun or ammo at a range counts as possession. See 18 U.S.C.
What are the restrictions for a convicted felon in NY?
If you have been convicted of a felony or misdemeanor you may be barred from public office jobs, like a police officer, firefighter, court officer, or notary public. Public offices also include elected and appointed offices, like governor, judge, legislator, and local supervisors and commissioners.
Why do you have to wait 10 days after buying a gun?
A 10-day waiting period for gun purchases creates a "cooling-off" period to prevent impulsive acts of violence, including suicide and homicide, by adding a buffer between the decision to buy and taking possession, allowing time for background checks and for intense emotions to subside. Proponents argue it saves lives by reducing impulsive self-harm, while critics contend it infringes on Second Amendment rights and delays self-defense.
What are you not allowed to do as a felon?
Felons often lose rights to vote, own firearms, and serve on juries, face significant employment and housing barriers, and may be ineligible for certain public benefits, professional licenses, student aid, or military service, with specific restrictions varying greatly by state and conviction, though many rights can potentially be restored through pardons or expungements.
What is a hardship grant for felons?
A felon hardship grant is funding from charities, foundations, or government programs to help individuals with felony records overcome barriers to reintegration, assisting with urgent needs like housing, education, transportation, and starting businesses, providing a vital financial bridge for those facing employment stigma and financial instability after incarceration. These non-repayable funds aim to support successful reentry and offer a path to independence.
What are the consequences of marrying a felon?
The convicted felon can use his or her own conviction and imprisonment to obtain a divorce. Another implication of marriage to a felon is the extent to which the fact of the conviction can become an issue in child custody proceedings.
When can felons apply for gun rights back?
Felons generally cannot own guns due to federal law, but some state laws and potential federal rule changes offer pathways for restoration, often involving waiting periods (like 5 years) after sentence completion, proving rehabilitation, or receiving pardons, though federal law typically overrides state restoration for actual gun possession. The U.S. Department of Justice proposed a system in 2025 for nonviolent felons to apply for restoration after a waiting period, but this is discretionary and doesn't negate state prohibitions.
What is the most felon-friendly state?
The most friendly state for felons is Vermont, where no felons are disenfranchised and no voting restrictions. In the US, there are 5.17 million people disenfranchised due to a felony conviction. There are 2 million people in prisons around the US.
What is considered a firearm for a felon?
A firearm, as defined by 26 U.S.C. 5845(a)(4), is made when a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length, is assembled or produced from a weapon originally assembled or produced only as a rifle.
What felonies cannot be expunged in NY?
Those with pending criminal charges, who are required to register as a sex offender, who received a life sentence, or who have been convicted of a class A felony – like murder – are ineligible to have their records sealed under Clean Slate.
What is the clean slate bill in NY?
By 2027, New York's law will have sealed the conviction records of people who have completed their sentences and stayed free of other convictions for a set number of years — three years for misdemeanors, eight for felonies.
What felonies are not eligible for expungement?
Several types of offenses are automatically excluded from expungement eligibility in California:
- Serious Sex Crimes Involving Minors. ...
- Felonies That Resulted in Prison Time (Not Jail) ...
- Crimes Related to Public Corruption. ...
- Crimes Not Eligible Due to a Violation of Probation or Parole.